6 Yr Debt help.

Blackie1

Hi

Im wanting to carry on with my life but im being hampered with one problem.

I took a loan out in 2000 with Barclays for a family member.

This was never paid and it was defaulted in 2002 by Barclays and transfered to a debt collection agency.

I last paid an installment in July 2004 to the DCA. However I moved and even though i emailed them telling them this they never got back to me.

Its now 2009 and i am required to have a credit search done to order to obtain a phone line. However i have some issues.

1) Will this now make me traceable as obviously my details will be updated by Bt when they search my file. My last known address was 18 months ago, yet the DCA still never contacted me.

2) Will i still be required by law to repay this debt. I know that after 6 yrs it is not enforcable but IS this 6 yrs from the day the BANK defaulted me... or 6 yrs from the day of my last payment to the DCA?

3) Help.

I am new to the site so hello everyone and i do hope that i can be pointed in the right direction.

Regards

Blackie

RAS

Hi

the 6 years runs from the date of the last payment of written acknowledgment. So July 2010.

Blackie1

HI

Written acknowledgement? I never got anything in writing from the DCA??

The last aknowledgement was the default notice from Barclays in 2002 and a DCA letter which i responded to in 2004.

Still confused!!

RAS

Written acknowledgment by you or payment by you starts the 6 year clock ticking. If you had not responded to the 2004 letter from the DCA, the debt would be statute barred.

Blackie1

FGS!!

SO what would you think the chances would be of them trying to trace me now. Ive never been hidden and they have never tied to find me in the past 5 yrs...

If they do find me know i thnk i would also have at least 4 yrs of their interests and charges to pay wouldnt i?

Has anyone else been in this situation who can advise?

RAS

If the debt is with a DCA, they should not be adding interest or charges.

You would reclaim charges anyway.

And as this is a loan from 2000, you would demand the CCA first, would you not. Was this a "good" bank, signed in-house?

Blackie1

whats a cca?? Im sorry but im trying to get this settled and this is really helping me.

It was a loan fron Barclays for £1000 signed by me. stupidly!

Im now a full time carer for my wife whos disabled so if i was taken to court for a CCJ they would only get piffle. How long would it take to get tot court. If they only had untul July 2010 to do this would they be able to do it in time?

Fire_Fox

Maybe they have tried to find you, have you tried to find them?

RAS

Consumer Credit Agreement.

For a loan taken out before April 2007, the executed CCA has to be provided on request and must contain the prescribed terms and be associated with the terms and conditions of the loan.

Without this the creditor cannot take SUCCESSFUL legal action, as long as you defend the case.

We see a lot of completely duff documentation on here and they can be thrown out for a lot of reason, including illegibility.

The other thing to double check IF you are being chased, is the original default notice. A lot are faulty. We have our own spoecuialist on this matter.

I suggest keeping calm and coming back if anything arrives. There is a decent chance that whatever turns up is dodgy.

abesapiens

First Post...

Should a CCA request go to Barclaycard directly, or to Mercers ( or Calder Finance who've just appeared on the scene with a letter) ?

Blackie1

Hi

Thanks alot for all your help.

Ill dig out the original default notice and post it on her for your perussal, obviously deleting all personal details!!!

Ive also been on the voting register for the past 18 months at my new address so its not as if im hiding................, just that i refuse to pay £6.95 to update my own credit record!!

Am i also right then when BT do a credit search to will be with Experian, they will enter my details n with my address, Experian will then update my file with this new address thus updating my credit report???

Lesson to be learnt, dont do favours for family!!